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DUMONT OAKS COMMUNITY ASSOC., INC. v. MONTGOMERY COUNTY

No. 21, September Term, 1993.

333 Md. 202 (1993)

634 A.2d 459

DUMONT OAKS COMMUNITY ASSOCIATION, INC., ET AL. v. MONTGOMERY COUNTY, MARYLAND.

Court of Appeals of Maryland.

December 21, 1993.

Attorney(s) appearing for the Case

Steven A. Silverman, (Kim M. Czubaruk, Silverman & Schild, all on brief), Silver Spring, for petitioner.

John J. Fisher, Asst. County Atty., H. Christopher Malone, Senior Asst. County Atty., on brief, Rockville, for respondent.

Argued before MURPHY, C.J., and ELDRIDGE, RODOWSKY, McAULIFFE, CHASANOW, KARWACKI and ROBERT M. BELL, JJ.

RODOWSKY, Judge.

Maryland Code (1974, 1988 Repl.Vol., 1993 Cum.Supp.), §§ 11-122 and 11B-104 of the Real Property Article (RP) prohibit discriminatory, local legislation directed at condominiums and at homeowners' associations. Under § 10B-7 of the Montgomery County Code (1984, 1993 Supp.) (M.C.C.), that county imposes a charge on common ownership communities to fund certain programs, hereinafter described. The issue in this case is whether the charge...

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